Planning Commission — Thursday, August 10, 2023

The applicant, Dustin Perbetsky is proposing Major Use Permit application (UP 20-79) for a proposed commercial cannabis cultivation operation located at 22698 Elk Mountain Road, Potter Valley. The application, as proposed, would include cultivation of 50,720 sf of outdoor cannabis canopy area within 109,652 sf of cultivation area with one (1) A-Type 3 Medium Outdoor, one (1) A-Type 2 Small Outdoor and one (1) Type 13 "Self-Distribution: Transport Only" licenses. The project area is zoned "TPZ-SC-WW" Timberland Preservation Zone-Scenic Combining-Waterway. The total acreage of the parcel is approximately 80.57 acres.

Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 20-94) for Major Use Permit (UP 20-79) with the following findings: 1. Potential environmental impacts related to Aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1 through AES-3. 2. Potential environmental impacts related to Air Quality can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 through AQ-6. 3. Potential environmental impacts related to Biological Resources can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-6. 4. Potential environmental impacts related to Cultural Resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 through CUL-2. 5. Potential environmental impacts related to Hydrology and Water Quality can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1 through HYD-8. 6. Potential environmental impacts related to Noise can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-2. 7. Potential environmental impacts related to Utilities can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1 through HYD-2. 8. Potential environmental impacts related to Wildfire can be mitigated to less than significant levels with the inclusion of mitigation measures WDF-1 through WDF-5. B. Approve Major Use Permit (UP 20-79) with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Upper Lake/Nice Communities Area Plan, and Lake County Zoning Ordinance. 6. No violation of Chapter 5, 17, 21, 23 or 26 of the Lake County Code currently exists on this property, with a condition of approval implemented. 7. The proposed use complies with all development standards described in Chapter 21, Article 27.11, Section 1.i. 8. The applicant is qualified to make the application described in Chapter 21, Article 27.11, Section 1.ii.(g). 9. The application complies with the qualifications for a permit described in Chapter 21, Article 27.11, Section 1.ii.(i).

The applicant has applied for a three-year extension to an approved Tentative Parcel Map (PM 20-23), for Langtry Farms. The original approval was set to expire on July 22, 2023. This extension will allow an additional three years to record the final parcel map.

Staff recommends the Planning Commission take the following actions: A. Find that the proposed extension is not a project under CEQA's definition of a project, and that no CEQA evaluation is needed for this extension to occur. B. Approve Parcel Map Extension (PMX 23-01) for three years with the following findings: 1. This time extension request is consistent with the Lake County Subdivision Ordinance and the State Subdivision Map Act. 2. There has been no substantial change in circumstances resulting in new significant environmental impacts.